Odin - 6/14/2024 21:06 These are your answers:
1. If there is a prior recorded joint agreement for maintenance you may attempt to enforce that. Unlikely there is.
2. If no agreement, you should be able to either obtain permission from the other owner to repair ditch on your own dime, or get a court order allowing you to do so. This is the most likely.
3. Neither NCRS or any other governmental unit will help you in maintenance. The like water backup and wetlands. If the backup continues long enough they may declare the ditch to be "abandoned" and refuse to permit ditch cleaning.
4. There is a chance that you could petition your county or other ditch authority for a public ditch system that would permanently maintain the ditch. However potential obstacles are: 1. You must post a bond and pay legal and engineering expenses if the petition does not succeed; and
2. There must be more "benefits" than costs resulting from the project for it to ultimately succeed. Often a problem.
So: either repair it yourself, with other upstream owners if any; or talk to a drainage lawyer about a petition for public ditch. Most economical is likely repair it yourself. No one else is going to do this for you. That's pretty much it in a nutshell. I have a prior recorded easement through the neighbors farm. Technically my grandfather did and my uncle now owns it and I operate but it still stands. The neighbor sold it into RIM (Reinvest In Minnesota). Basically wildlife easement. They sold a wildlife easement on top of our drainage easement. They do as little as possible to keep the water moving. The way the drainage easement reads it's to the "Mutual Benefit of both parties". Key word benefit. It's a hunting preserve now and duck ponds is more a benefit than our water moving. I still go out there and keep it cleaned out. We are talking 1/2 mile of ditch. It drains 3 quarters so fairly important ditch. Anyways, don't expect the neighbor to pay. They will always find a way to weasel out of it if they really want to. Get the affected neighbors together and just get it done. | 
Blocked ditch absentee landowner Minnesota?
